Background
Jesse Seals was indicted for family violence aggravated assault and family violence battery. At trial, the State introduced 31 photographic exhibits, including photographs of the alleged victim’s injuries.
A jury found Seals guilty, and the trial court denied his motion for a new trial. Seals appealed.
The Court’s Holding
The Court of Appeals of Georgia remanded the case for prompt correction of the appellate record. Although the photographic exhibits had been transmitted as part of the record, the copies were illegible.
Relying on OCGA § 5-6-48(d), the court directed the trial court to ensure that legible copies consistent with the photographs introduced at trial are included in the record. After the trial court enters an order confirming the correction, the clerk must transmit the complete record for redocketing under Seals’s notice of appeal.
Key Takeaways
- An appellate record must contain legible copies of material trial exhibits.
- The court remanded to perfect the record rather than dismissing the appeal.
- The merits of Seals’s convictions were not decided.
Why It Matters
The order illustrates the Georgia appellate court’s use of its authority to correct an incomplete or unusable record so it can review an appeal on the merits. For criminal appeals involving photographs or other visual exhibits, counsel should confirm that the transmitted record contains readable versions of the evidence considered at trial.